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HomeMy WebLinkAboutContract 41397 FORTWORTH CITY SECRETARY CONTRACT NO. 4.1 January 25, 2011 Tarrant County Housing Partnership 3204 Collinsworth Street Fort Worth, Texas 76107 Attention: Donna Van Ness Reference: Tarrant County Housing Partnership— Hillside\Morningside Neighborhood Development Dear Ms. Van Ness: We are pleased to present for your review the following terms, conditions, and requirements based on the application of Tarrant County Housing Partnership, a Community Housing Development Organization ("CHDO"), for a grant of HOME Investment Partnerships Program Grant funds for operating expenses in an amount not to exceed $50,000.00 from the City of Fort Worth (City), subject to the following terms and conditions: GRANTEE Tarrant County Housing Partnership, Inc. ("TCHP") GRANTOR City of Fort Worth ("City") AMOUNT $50,000 for CHDO operating expenses, as defined under 24 CFR 92.208. USE City will provide a list of eligible expenses for CHDO operating funds. TERM Term of the contract and grant is twelve (12) months, with a one-year extension upon request. PAYMENT/ CHDO operating expenses will be provided to Grantee on a REPAYMENT reimbursement basis only. City will disburse funds upon receipt of satisfactory documentation of eligible expenses. In the event any expense is determined to have been an ineligible expense, the amount of the ineligible expenses must be reimbursed to City. CONDITIONS TO i. This letter constitutes a conditional commitment of funds. GRANT FUNDING ii. Condition of grant based on City Council approval to award HOME funds to Grantee and receipt of HOME funds from HUD for the Project. iii. Grantee must enter into a contract with City govern' of the HOME funds for operating expenses. OFFICIAL RECORD Housing and Economic and Development Department CITY SECRETARY The City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 761 2 FT. WORTH, TX 817-392-7520* Fax 817-392-2013 iv. The required contract and documentation for reimbursement must be acceptable in all respects to the City and its counsel. COMPLIANCE WITH i. Grantee agrees that as a certified Community Housing FEDERAL, STATE, Development Organization, they will comply with 24 CFR AND LOCAL LAWS 92.300 and 92.301. ii. Grantee must remain in compliance with the requirements of any City agreements for use of HOME Funds for specific projects for operating expense funding to continue. iii. Grantee certifies that it is not currently listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal Funds with contractors that are currently listed. iv. Grantee must comply with all prescribed procedures regarding nondiscrimination and equal opportunity, affirmative marketing, displacement and relocation, labor relations, lead-based paint and conflict of interest provisions described in 24 CFR 92 subpart H and 24 CFR 92.504. V. Organizations that are directly funded under the HOME program may not engage in inherently religious activities as defined under 24 CFR 92.257. vi. Grantee must comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Fort Worth. vii. Grantee must agree to any terms and conditions as necessary in order to ensure compliance with all federal regulations, state laws, and local ordinances. INSURANCE Grantee must maintain and present to the City on a semi-annual basis, REQUIREMENTS a General Liability Insurance in the amount of $500,000 each occurrence, $1,000,000 aggregate limit. Grantee is to maintain and present to the City on a semi-annual basis, a Business Automobile Liability Insurance as follows: $1,000,000 each accident on combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Grantee to maintain, and present to the City on a semi-annual basis, Workers' Compensation insurance as follows: Statutory Limits Employers Liability $100,000 each accident/occurrence $100,000 disease/per employee $500,000 disease policy limit AUDITS City will conduct annual audits to ensure compliance with contracts and federal, state, and local laws. Grantee will maintain recoTFT. L RECORD ECRETARY RTHS TX to the recordkeeping requirements outlined below. RECORDKEEPING i. Grantee must maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received pursuant to this Agreement and pursuant to any other applicable Federal and/or State regulations establishing standards for financial management. ii. Upon receipt of reasonable written notice by the City and as often as City may deem necessary, Grantee will make available to the City all of its records and will permit City to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data relating to the stated Use. iii. Grantee will provide quarterly financial and beneficiary reports that will contain such records, data and information as City may request pertinent to matters covered by this Agreement. Reports will be due to the Housing and Economic Development department within 45 days of the end of the quarter. Required report format/template and /or instructions to be provided by the City. Grantee will provide any additional information as requested by the City within 10 days of date of receipt of written request. CLOSING COSTS The Grant is to be closed at no cost to the City. Borrower shall be responsible for all costs associated with this transaction, including title insurance, attorney fees,filing fees, closing costs, etc. ACCEPTANCE In order for this Conditional Commitment to remain effective, an original must be executed by Grantee and returned to the City on or before January 26, 2011. Any extension of such time for acceptance must be in writing and signed by a City representative. These terms can be modified or other terms negotiated between the parties upon mutual written agreement. EXPIRATION To cause this commitment to remain in effect, the Contract between Grantee and the City must be executed on or before January 31, 2012. Any extension of such date must be in writing and signed by the City. Any funds disbursed against this commitment will be subject to the City's receipt of satisfactory documentation of the Grant and due diligence satisfaction. This Commitment is confidential and is intended solely for the use of TCHP. No other person or parties has any rights whatsoever with respect to the above terms and conditions. These terms can be modified or other terms negotiated between the parties upon mutual written agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX We hope the foregoing is responsive to your needs and that you will accept this offer. Please indicate your acceptance with your signature below and ,by returning a signed copy to: City of Fort Worth Housing and Economic Development Department 1000 Throckmorton AyHendrix,: Fort Worth, TX 76102 Attn: Avis F. Chaisson, Development Project Coordinators , ry» City S auAAt 'Q�mo R 11 Sincerely, °V o 0000 4 �! 0 0� Date: Su Ala is Q vo o Assistan ity Manager *$ & f 9cate00000® �. �r Approve to form gality: Date: Leann Guzman Assistant City Attorney The undersigned hereby accepts the foregoing Commitment and the terms and requirements herein set for and agrees to be bound thereby. GRANTEE Tarrant County Housing Partnership, Inc. Signed: Date: ( 01 Don V n Exec ive Director 14 Contract Authorizatiox ..nte OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX